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Page 1 of 10 JAY SEKULOW LIVE! 01.04.05 Page 1 of 10
JAY SEKULOW LIVE!
01.04.05


Jay: This is Jay Sekulow in Washington, DC. A major victory involving the Ten
Commandments!

Gene: This is JAY SEKULOW LIVE! From Washington, Chief Counsel of the American Center
for Law and Justice (ACLJ), Jay Sekulow.

Jay: Welcome to the broadcast, everyone. Its Jay Sekulow here in Washington, DC. Gene
Kapp is in our studio in Virginia. Late yesterday evening, we got word from the U.S.
Court of Appeals for the Seventh Circuit that we had a victory in a Ten Commandments
case, not only involving the Fraternal Order of Eagles monument, but actually involving
the Fraternal Order of Eagles. This was another very, very significant win. It was
another attempt by the ACLU and others to do anything and everything in their power to
remove even any vestige of faith from law and government and public places. This was a
big win with huge ramifications.

Gene: People may remember this case, Jay. This was a case where the City of La Crosse
actually sold the monument and the land that it sat on to the Fraternal Order of Eagles
which donated the monument to the city some 45 years ago. That was brought to court.
A federal district court said that sale was unconstitutional. Now, a federal appeals
courtthe Seventh Circuit Court of Appealsin a 2-1 decision said the federal district
court was wrong.

Jay: Let me tell you whats so significant here. This was not your standard public forum
casewhat we call the public parks. Heres what happened. The monument had been
there for almost 60 years. It was placed there by the Fraternal Order of Eagles, donated
by the Eagles. By the way, their office building is literally across the street from this
park. Then the lawsuits were started to try to get rid of it. So, the city decided to sell that
portion of real estate to a private entity, and the private entity that decided to buy it was
the Fraternal Order of Eagles. It was a legitimate sale at legitimate fair market value.
What the ACLU and others tried to do was get that individualthis is what important
heresale of property declared illegal and not valid. We were successful in defending
the Fraternal Order of Eagles here and the city as well. This was a major, major victory.

Gene: When you look at the language from this decision which, by the way, is posted online at
our website at
www.aclj.org
, the appeals court called that sale, Jay, constitutionally
appropriate and said that the Eagles had a longstanding an important relationship with
the monument. The federal appeals court said, It was the Eagles who donated the
monument to the city in the first place, and it is the Eagles who have maintained the
monument. Selling the monument to the Eagles rather than removing it also makes
practical sense. The Eagles headquarters is, and has long been, directly across the street Page 2 of 10
from the monument. The members will also continue to carefully maintain the site.

Jay: This was a complete victory. Our goal in all of these Ten Commandments cases that we
have handled throughout the United States has been to make sure these monuments can
stand up. By and large (in fact, I dont know of one case where weve had the monument
taken down from a facility), we have been successful either in the court case or through
negotiated settlements afterwards keeping the monuments up in some capacity.

Gene: Our phone lines are open for your questions for Jay, whether its the Ten Commandments
or another issue on your mind today. Give us a call at 1.800.684.3110. Thats the studio
line. Jay, this victory with the Ten Commandments in La Crosse, Wisconsin, of course,
comes at a time when the Supreme Court of the United States is poised to hear two cases
involving the display of the Ten Commandments this term in March, right?

Jay: Thats right. One involves a monument inside the courthouse, part of a display of the
rules of law and the documents that were the foundations of law. The other case is very
similar to this one: a Fraternal Order of Eagles monument in Texas in part of the state
capitol grounds. Its outside, like many of these monuments arethousands of them
throughout the United States.

Gene: Jay, is it too late for the Supreme Court in its consideration of those two cases to take into
account what the Seventh Circuit has now ruled with respect to La Crosse, Wisconsin?

Jay: Its not that its too late; its just the Supreme Court decides the cases they want. We
have two cases now pending at the Supreme Court on these issues, so its not really
binding on the Supreme Court in any way. Its really a question of what does the First
Amendments Establishment Clause mean. Thats what the Supreme Court is going to be
deciding. But, obviously, the trend was good in winning this case at the Seventh Circuit.


Talking about what does the Establishment Clause mean. I want to encourage you if you
have not yet ordered a copy of our book Foundations of Freedom, its absolutely free.
You need to call and get your copy today.

Gene: Thousands already have. Its the U.S. Constitution, the Bill of Rights, the Gettysburg
Address and the Declaration of Independenceall put together in an easy-to-read format
especially for you, free of charge. Its called Foundations of Freedom. Get your copy by
calling right now. 1.877.989.2255. Stay with us. Much more ahead.

[Foundations of Freedom Spot; ACLJ Spot]

Jay: Welcome back to the broadcast, everyone. Jay Sekulow here in Washington. Gene Kapp
is in our studio in Virginia. By the way, last night our program aired, ACLJ This Week,
on FamilyNet, which is now seen in a lot of homes throughout the United States. We
were thrilled that it was available. On Friday night, we encourage you to tune in for Page 3 of 10
ACLJ This Week on the Trinity Broadcasting Network (TBN) as well as the Inspiration
Network, so you can catch us on those two networks as well.


Also, as I mentioned yesterday, for those of you who have teenagers or college students, I
want to encourage you to go to this website,
www.theloganshow.com
, a program my son
has produced that will be airing on the Inspiration Network, FamilyNet, TCT Network,
iLife and a number of other television sites as well. I encourage you to go there. Its a
great program for teenagers and college-aged students.


I also want to give you an update on a case we filed during the Christmas break; that was
a brief on behalf of members of Congress, Congressmen Dave Weldon and Henry Hyde.
This was the conscience clause case that was very important. It was part of the
appropriations bill. Legislation was passed by the House and the Senate protecting not
only doctors and medical professionals, but hospitals as well, not requiring them to
perform abortions and not allowing their funds to be cut off if they dont perform
abortions. Its a very important piece of legislation. It was challenged immediately in
federal court; and our office here in Washington, DC, literally within hours of the case
being filed, was working on it, had briefs ready to go, and those briefs have now been
filed.

Gene: The briefs are also posted online at our website,
www.aclj.org
, along with a news release.
Jay, this is starting to get some media attention. You will be doing an interview this
afternoon with a national wire service about this very case. I want to read one line from
the brief. It also concludes that Congress was right to consider whether its funding of
Labor, Health and Human services, Education and related agency programs could be
crafted to reflect the legislative preference for childbirth over abortion. Thats a very
important phrase.

Jay: Its a very significant phrase, and Ill tell you where Im pleased. The fact is that the law
is constitutional. Congress can make these decisions. What a privilege it is for us at the
American Center for Law and Justice to represent the Congressmen who actually drafted
the legislation, Henry Hyde and Dave Weldon. Of course, Congressman Weldon from
Florida is a medical doctor; so well have him on in a future broadcast to discuss this.

Gene: Check it out online. The information is posted in our News section at
www.aclj.org
.
Right now, though were taking your questions in the studio. Lets go to Colorado and
start off with Barbara on the phone. Welcome to the broadcast, Barbara. Your question,
please, for Jay.

Barbara: My daughter is in fourth grade at a public school, and Im noticing that more and more
of her homework is geared toward the theory of gods and goddesses. You know, that
spiders came from Arachnea, and they are stating it more as like facts than just Greek
mythology. Its on a daily basis that Im seeing this in her homework.
Page 4 of 10
Jay: Barbara, have you talked with the teacher at all or met with the teacher to discuss the
curriculum.

Barbara: I did and she said that I was being silly.

Jay: Let me tell you this. The most important committee of the school board is the curriculum
committee. You have the right to know whats being taught, what your childs being
given. Look, they could discuss a broad range of topics. Were all in favor of academic
freedom, but it should be balanced. As a parent, you have the right to know whats going
on. Also, and this is very sign